Pinkney v. City of New York (40 N.Y.2d 1004, 1976)

Order affirmed, without costs, on the memorandum at the Appellate Division (50 AD2d 928).

Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Wachtler, Fuchsberg and Cooke. Judge Jones dissents and votes to reverse on the dissenting memorandum by Justices Cohalan and Munder at the Appellate Division.